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HomeMy WebLinkAboutMay 10, 1976OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA MAY 10, 1976 -200- Meeting was called to order at 8:04 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present Motion by Norberg, Seconded by Hentges to name Karen DeBruin Secretary for the Meeting. Roll Call: All Ayes A short Invocation was given by Father Vincent Colon of Immaculate Conception Church. MINUTES OF PREVIOUS MEETINGS Councilman Norberg asked that the minutes of the meetings of March 23, 1976; April 12, 1976; and April 13, 1976 be deferred until later in the meeting. Motion by Norberg, Seconded by Hentges to defer the passing of the minutes until later in the meeting. Roll Call: All Ayes PAYMENT OF BILLS Motion by Heintz, Seconded by Norberg to pay bills as listed out of their proper funds. Roll Call: Ali Ayes TRAFFIC COMMISSION DISCUSSION ITEM: MTC ROUTE EXTENSION Motion by Heintz, Seconded by Norberg to hold a public hearing at 7:00 p.m. May 24, 1976 regarding the extension of Route 18 to bring bus service on 40th Avenue between Reservoir Boulevard and Stinson Boulevard connecting to Apache Plaza. Roll Call: All Ayes It was noted that the Traffic Commission voted unanimously to recommend approval of this request. BIDS ON LANDSCAPING MCKENNA PARK It was noted that this proposal was recommended by the Park Board members. Motion by Logacz, Seconded by Heintz to award the bid on landscaping McKenna Park to Up-A-Tree in the amount of $4,053.54 and authorize the Mayor and City Manager to enter into contract for same. Roll Call: All Ayes -201- May 10, 1976 REQUEST TO AMEND FIELD HOUSE RE-ROOFING BID It was noted that a letter had been received from The Balluff Company regarding the bid which had been awarded to them for roofing of the Columbia Heights Field House. Mr. Balluff stated in his letter that he 'lbid the replacement of rotted roof boards on the basis of replacing them with one inch dimension boards and not three inch decking. I was not aware of the three inch decking that is to be replaced." Mr. Balluff went on to say that his bid for replacing the three inch decking would be $4.70 per foot. Mr. Murzyn noted that there would only be approximately ten square feet of three inch decking to be replaced on the entire surface of the roof. Motion by Logacz, Seconded by Heintz to amend the contract with Balluff Company to provide for $4.70 per square foot for replacement of the three inch decking. Councilman Norberg noted that this motion does not designate a specific dollar amount as to what should be spent on this contract amendment. Motion by Norberg, Seconded by Hentges to amend the Balluff contract in an amount not to exceed $75.OO Roll Call on Motion to amend contract in amount of $4.70 per square foot for replacement of three inch decking: All Ayes Roll Call on Motion to amend contract in an amount not to exceed $75.00: All Ayes BIDS ON STORM DRAINS It was noted that the bids received on this item were very good and the necessary materials were available. It was recommended that the low bidder, Northdale Construction, be awarded the bid. Motion by Heintz, Seconded by Logacz to award the bid for storm drain work to Northdale Construction in the amount of $62,317.OO and the Mayor and City Manager be authorized to enter into contract for same. Roll Call: Logacz, Heintz, Nawrocki--aye Norberg, Hentges--nay City Attorney Kalina noted that a 3/5 vote is sufficient to pass this motion. May 10, 1976 -202- Councilman Hentges noted that he would like to challenge the attorney's opinion, stating that he believed that it would take a 4/5 vote to pass this type of motion, because it is a public improvement used to benefit property owners, and according to the Charter, a 4/5 vote is necessary. City Attorney Kalina stated that a 4/5 vote is needed to authorize a project such as had been described, but the motion in question was merely awarding a bid and authorizing the Mayor and City Manager to enter into a contract, and not a motion to authorize a public improvement. BIDS ON SEWER DEPARTMENT MATERIALS It was noted that miscellaneous materials were bid, and Neenah Foundry Company proved to be the low bidder. It was further noted that the bid came to a grand total of $1,453.O0, this amount being covered in the budget. Motion by Hentges, Seconded by Heintz to authorize the City Manager to purchase materials for the Sewer Department in the amount of $1,453.00. Roll Call: All Ayes PETITION REGARDING GLOVER LAWSUIT At this time, City Attorney Kalina presented a petition subsequent to the initial registration of property which had been the subject of the Glover Lawsuit. He stated that this document registers the land in the name of the City of Columbia Heights. Motion by Logacz, Seconded by Heintz that the Mayor and City Manager be authorized to execute a Petition Subsequent to Initial Registration of property which was the subject of the Glover Lawsuit. Roll Call: All Ayes Mayor Nawrocki noted that a letter had been received from Pako Corporation, stating that Columbia Heights is one of the areas under consideration for the site of their new facility. Mayor Nawrocki suggested that the staff pursue this matter with Pako. Mayor Nawrocki also spoke briefly of a letter which had been received from one of the unsuccessful candidates for Fire Chief in the City of Columbia Heights. PROCLAMATION SUPPORTING BUDDY POPPY DAY WHEREAS: The annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United Stated has been officially recognized and endorsed by governmental leaders since 1922; and -203- May lO, 1976 WHEREAS: V.F.W. Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans, and WHEREAS: The basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living"; therefore, I, Bruce G. Nawrocki, Mayor of the City of Columbia Heights do hereby urge all citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies on the day set aside for the distribution of these symbo]s of appreciation for the sacrifices of our honored dead. I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American Citizens. Mayor Nawrocki at this time turned the meeting over to Council President Heintz and left. SECOND READING OF ORDINANCE #849 STREET SALE OF LAND BEHIND 4334 BENJAMIN The second reading of Ordinance #849 was held. Council President Heintz asked if, since the second reading of an ordinance constitutes a public hearing, there were any people present at the meeting to speak on the subject of selling this piece of ]and to Mr. and Mrs. Bradley Tatting. Mr. Tatting was the only person present concerning this item. Councilman Hentges stated that he would like a report by the City Manager as to how many ]and locked pieces of property the City owns and a summary of the ways they could possibly be used. He emphasized that he wished to know about all of the ]and locked pieces of ]and. Councilman Norberg asked if $132.50, the price the land was being sold for, was a fair representation of recovery of costs for the City. City Manager Watson stated that, in his estimation, it was a fair' price, because any developing or maintenance done on this piece of land locked property would be costly to the City. Councilman Norberg asked if anyone in the area in question wanted to open a street there, in which case the City wou]d need this piece of property on which to bui]d. Mr. Watson stated that this idea had not been proposed recently to the people in that area, but that whenever it had been discussed in the past, the people were always opposed. Ordinance #849 was Offered by Logacz. Motion dies for ]ack of a second. May 10, 1976 -204- It was noted that the Council had not decided on a selling price for the land. Mr. Tatting stated that he did not wish to spend a great deal of money for the land because it would be costly to develop and maintain. He further stated that he would be willing to spend up to $300 for it. City Attorney Kalina stated that he thought this was a reasonable price for this land since it was being sold on a quit claim deed. He further noted that at some point this parcel of land had gone tax delinquent, and Mr. Tatting may have some difficulty in obtaining the deed and that this procedure could prove to be costly to him. Ordinance #849 was Offered by Logacz, Seconded by Hentges with Section 2 to read as follows: Terms and Conditions. That the term of sale of said property to the said Bradley and Ramona Tatting is $300.00 Roll Call: Logacz, Heintz, Hentges--aye Norberg--nay Ordinance #849 was adopted. SECOND READING OF ORDINANCE #850 VACATING ALLEY The Second Reading of Ordinance #850 was held. Ordinance #850 was Offered by Norberg, Seconded by Logacz. Roll Call: All Ayes PLANNING AND ZONING REQUEST DEREK BRAUN: VARIANCE TO CONSTRUCT A GARAGE Motion by Hentges, Seconded by Logacz to grant the variance to Derek Braun of 4400 - 7th Street Northeast. Roll Call: All Ayes PLANNING AND ZONING REQUEST CHARLES COLDREN: PERMISSION TO CONSTRUCT PRIVACY FENCE Mr. Watson noted that Mr. Coldren's neighbors all agreed that this was a desirable proposal as the fence would be constructed for security purposes. Motion by Logacz, Seconded by Hentges to grant permission to Charles Coldren of 215 - 4Oth Avenue Northeast to construct a privacy fence. Roll Call: All Ayes PLANNING AND ZONINE REQUEST MINNEAPOLIS ELECTRIC STEEL CASTINGS: FOR OFF STREET PARKING LOT CONDITIONAL USE PERMIT A representative from Minneapolis Electric Steel Castings Company was present and noted that this propo~l was to provide for more space for employees and customers to park. -205- May lO, 1976 Council President Heintz noted that he would like to get an agreement with Minneapolis E]ectric Steel Castings Company regarding where their employees would park. He further noted the trouble he has been having with Minneapo]is Electric Steel Castings employees parking in front of his house. Council President Heintz suggested that parking in the provided lots be a condition of employment for Minneapolis Electric Steel Casting's employees. He further suggested that the matter be taken up with the personne] manager. Councilman Norberg suggested that a representative from Minneapolis Electric Steel Castings Company come back and report to the Council on what actions were being taken to prevent employees from parking on Mill Street and 5th Street. Motion by Norberg, Seconded by Logacz to grant the request for a conditional use permit for off street parking lot to Minneapolis Electric Steel Castings Company. Roll Call: All Ayes FURTHER REVIEW OF STORM DRAIN--43RD AVENUE WEST OF MCLEOD Mr. Tom Dwyer of 1325-43½ Avenue stated that he thought this project should be reviewed because, after re-consideration by the people in the area, it was decided that the people could do something by filling and grading their properties that would alleviate the problem which now exists. Mr. Clayton Berg of the Engineering Department stated that he thought state law allowed property owners to fill their own land. Mr. Hildreth of 1315-43rd Avenue stated that the filling would be minimal and would amount to less that a foot and a half. A lady in the audience stated that she thought that something more permanent should be done in regard to this drainage problem, and Mr. Berg of the Engineering Department agreed with her. Mr. Stone of 1331-43rd Avenue stated that he is against the project unti[l the people of the neighborhood try to do something on their own. Councilman Norber9 stated that he heard the people saying that they wanted a better solution to their drainage problem. He noted that he thought that by allowing the people to grade their own land and take care of the problem themselves, they would be doing nothing more than merely '~chasing the puddle around" He also stated that the Engineering Department has come up with a solution to the problem which will work and he didn't see the advantage of looking further to try to solve the problem. Councilman Logacz noted that the people agreed to the Engineering solution at the time of the Public Hearing. May lO, 1976 -206- Council President Heintz at this time noted that if no action is taken on this item, the project will stand approved. He then asked the Council what they wished to do regarding this matter. It was decided that no action would be taken, and the project would stand approved, as it had at the time of the hearing. JEAN WALD: CONDITIONAL USE PERMIT FOR DAY NURSERY AT 3704 - 2½ STREET City Manager Watson asked Mrs. Wald if there would be any problem caused with people parking their vehicles in front of her house. Mrs. Wald stated that no problem of this kind would be created, as the people who would be using her day nursery would only be dropping off and picking up their children, and there would be no parking in front of her home. It was noted that Mrs. Wald would comply with all requirements of the City on building and fire safety, and also the licensing requirements of Anoka County. Motion by Logacz, Seconded by Hentges to grant a conditional use permit to Jean Wald of 3704-2½ Street for a Day Nursery. Roll Call: All Ayes It was noted that this permit could be revoked for failure to comply with requirements as set forth by the County and City. STEVE PETERSON: VARIANCE FOR GARAGE ON SMALL LOT AT 4455 QUINCY Mr. Watson noted that this particular lot is essentially square. Hr further noted that the only way in which a garage could be located on the lot is on the back corner adjoining the house. The proposed garage would be 20 feet by 20 feet and would have a driveway on the south side of the house off Quincy Street. The Planning and Zoning Commission recommended a rear yard variance to allow construction of this garage as the 30 foot rear yard requirement would eliminate any possibility of a garage structure. It was further noted that this home was originally built without a garage, but because of vandalism and associated problems, it has become necessary to build a garage. Motion by Logacz, Seconded by Hentges to grant the variance to Steve Peterson. Mr. and Mrs. Daniel Lutz of 4445 Quincy Street stated that they were unable to attend the hearing before the Planning and Zoning Commission regarding this garage variance. They stated that they were strenuously opposed to the construction of a garage at this place on the lot. They stated that they have a tree close to the edge of their property, and if Mr. Peterson -207- May 10, 1976 dug down into the ground to lay the slab for his garage, he would have to cut into the roots of this tree. They noted that this would be dangerous, as the tree could come down. Roll Call on Motion: Logacz, Heintz--aye Norberg, Hentges--nay Motion fai]s. Councilman Logacz noted that he voted aye because he is on the Planning and Zoning Commission, which originally approved this request for Council consideration. It was noted that Mr. Peterson could not bring back this same proposal for consideration for 180 days, although he could bring an alternate proposal. RECESS WAS CALLED AT 10:45 P.M. MEETING WAS RECONVENED AT 10:55 P.M. SECOND READING OF ORDINANCE #851 SALE OF PORTION OF 39TH AVENUE It was noted that this land would be sold for 5500. Ordinance #851 was Offered by Logacz, Seconded by Norberg. Roll Call: All Ayes Ordinance #851 was adopted. SECOND READING OF ORDINANCE #852 VACATING PORTION OF 39TH AVENUE Ordinance #852 was Offered by Norberg, Seconded by Logacz. Roll Call: All Ayes Ordinance #852 was adopted. RESOLUTION #76-25 ESTABLISHING LIQUOR STORE MANAGER'S SALARY BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that beginning April 30, 1976 the salary for the new Liquor Store Manager, Mr. Max Thomas, be established at the monthly rate of S1,345 in Range 25 of the Position Classification and Pay Plan. Resolution #76-25 was Offered by Norberg, Seconded by Hentges. Roll Call: All Ayes RESOLUTION #76-26 ESTABLISHING THE FIRE CHIEF'S SALARY BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that beginning June l, 1976 the salary for the new Fire Chief, Donald R. Johnson, be established at a monthly rate of $1,554 in Range 28 of the Position Classification and Pay Plan. Resolution #76-26 was Offered by Logacz, Seconded by Hentges. Roll Call: All Ayes May 10, 1976 -208- Motion by Norberg, Seconded by Hentges to table the minutes of March 23, April 12 and April 13. Roll Call: All Ayes TRAFFIC COMMISSION DISCUSSION ITEMS Councilman Hentges noted that these items were to be placed on the Traffic Commission agenda. FIRE DEPARTMENT REQUEST TO SEND THREE MEMBERS TO MINNESOTA STATE FIRE SCHOOL It was noted that this school would be held in St. Paul May 21 to 23. Motion by Logacz, Seconded by Hentges to grant the request to send three fire department members to the Minnesota State Fire School in St. Paul May 21 to 23. Roll Call: All Ayes SET HEARING DATES FOR SIDEWALK REPLACEMENT AND SEAL COATING It was noted that the ideal conditions to perform seal coating are to have the humidity below fifty percent and the temperature above 70 degrees. It was also noted that the sidewalk and seal coat hearings could not be held in the same night because of the amount of time necessary for each of these hearings. The seal coat hearing was set for the regular Council Meeting of June 14 at 7:00 p.m. No date was set for the sidewalk hearings. REQUEST FOR SALE OF LOTS ON THE NORTH SIDE OF 40TH AVENUE WEST OF STINSON (LOTS 4, 5, 6, 7, AND 8 OF BLOCK 2, APACHE HEIGHTS) Mr. Watson noted that a request had come in asking to purchase one of the lots in question. He also noted that the lots were previously offered for sale, but no acceptable offers were received. He asked the Council if they would like to consider offering these lots for sale at this time. The Council directed Mr. Watson to determine what price these lots should sell for, along with a recommendation on what should be done. LATE REQUESTS Mr. Watson noted the request of Police Chief Anderson to purchase nineteen ~Safariland Morgan Textured Armor" vests. Mr. Watson further noted that Chief Anderson had stated in his request that these vests were a budgeted item and informal quotations had been taken. -'209- May 10, 1976 Council President Heintz suggested that perhaps it would be best if these vests were tried out before they were purchased. Mr. Watson stated that, in all probability, someone from the Police Department had already tried out the vests. Council President Heintz stated that he thought one or two of the vests should be purchased in lieu of the proposed nineteen in order to provide a trial period for the vests. Motion by Norberg, Seconded by Hentges to authorize the City Manager to purchase two 'lSafari]and Morgan Textured Armor" vests from Cy's Mens Wear in an amount not to exceed $200. Roll Ca]]: All Ayes It was noted that a proposal had been received from David Shaffer for work on the Rip Rap Slope on Jefferson Wall. Mr. Shaffer had proposed to perform six phases of work, up to and including the preparation of plans and specifications for construction of the wall. It was also noted that for S15 an hour, Mr. Shaffer would be willing to do consultant work and help the contractor in the actual construction of the wall. Mr. Watson asked Mr. George Brown, City Engineer, if he could foresee any reason Mr. Shaffer would be needed for consultations after he had prepared the plans. Mr. Brown stated that he could not. It was noted that this work would only be for the median wall on Jefferson Street. Motion by Logacz, Seconded by Hentges to accept the proposal of David Shaffer, Consulting Engineer from St. Louis Park for design items one through six of his proposal in an amount of $725. Roll Call: All Ayes Mr. Watson noted that he had received a letter from the people in St. Anthony who had been participating in the Columbia Heights waterline. They stated that they would like to stay on the Columbia Heights waterline because the water is as safe as any in the country and more palatable than the water they would be forced to use if they were to be disconnected from the Columbia Heights line. They also noted that the line has served them well with little or no problem. They further stated that they would be willing to pay all maintenance costs incurred on the line. They concluded by stating that Jerry Dulgar, City Manager of St. Anthony, understands their desire to stay on the Columbia Heights waterline. May 10, 1976 ~210- Councilman Norberg noted that he would like the subject of the MELSA (Metropolitan Library Service Association) Agreements to come up at the next meeting of the City Council. He noted that he was looking to the Council for direction in this matter, and he asked the Council members to look over the copy of the proposed agreement. LICENSES There was some question on whether the first license application should be granted. It was not clear if the application had been made for the proper kind of license for the situation. Motion by Norberg, Seconded by Hentges to grant licenses as listed upon payment of proper fees and to refer the license of K and R Construction to the Planning and Zoning Commission. Roll Call: All Ayes Councilman Hentges stated at this time that he noticed that people in the City have been cleaning up their properties, probably in conjunction with the clean up campaigns that had been promoted throughout the City. Councilman Norberg asked when the Council could expect to receive a report from Mr. Schedler, Finance Director, on the status of the Votomatic Machines. Mr. Watson replied that he had reminded Mr. Schedler that the Council requested a report on this matter, and that it would be submitted shortly. Clayton Berg, of the Engineering Department, noted that he had spoken with Don Jolly, who is anticipating having all of the site grading done on the water tower finished the week of May I0, with a possible ribbon cutting ceremony for the week of May 17. Mr. Watson noted that he had two people who were interested in being appointed to the vacant seats on the Human Rights Commission, and that interviews could be set up for May 11 at 7:00 in the evening if the Council agreed. It was decided to hold these interviews. CITY MANAGER REPORTS Mr. Watson asked the Council if they would reconsider the request to attend the City Manager's Conference on May 12, 13 and 14. He noted the subject of the conference as being working with citizen groups and how to effectively utilize such advisory neighborhood organizations. He further noted that he would be willing to use vacation time for this conference. Motion by Logacz, Seconded by Hentges to authorize the cost of registration and room for Mr. Watson to attend the City Manager's Conference. Roll Call: All Ayes -211- May 10, 1976 FIRST READING OF ORDINANCE #853--CODIFYING ORDINANCES Mr'. Kalina, the City Attorney, read this ordinance. He then stated that he hoped to have the list of corrections ready for the next Council Meeting. At this time, the Mayor asked George Brown, City Engineer, what he thought should be done about the driveways on 39½ Avenue from Cleveland to McKinley Street. These driveways were taken out to do work on the street and the replacement driveway aprons did not match the existing driveways. Mr. Brown recommended that corrective work be done on these driveways. He stated this could be done by hiring a contractor to go in and match the driveways. The approximate cost of this corrective work was estimated to be $1,500. George Brown also noted that he is presently working on acquiring easements for the Central Avenue Urbanization project. Motion by Logacz, Seconded by Norberg to adjourn the m~eting at 12:46 a. m. Roll Call: All Ayes Bruce G. Nawrocki, Mayor Secreta